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This determination considers whether building work to construct a new retaining wall close to the boundary between two properties complies with Building Code clauses B1 Structure and E1 Surface water that have the purpose of protecting other property.

This determination discusses the correct interpretation of the natural hazards provisions in the Building Act (sections 71 to 74). It considers whether measures to mitigate a rockfall natural hazard constitute “adequate provision” to protect the land and buildings from the hazard.

Determination arose from repairs carried out as exempt building work by the Project Management Office as established by the Earthquake Commission, and whether the repaired concrete floor slab on ground subject to liquefaction and categorised as Foundation Technical Category 2 (TC2) complies with the Building Code. Discussed whether the work required building consent or was exempt under Schedule 1 (a) and whether the repair work constitutes a “substantial” replacement.

The determination considers whether zero pitch protected liquid-applied membrane roofs will comply in regards to weathertightness and durability if constructed as specified by the manufacturer. The determination provides analysis of the evidence in support of the membrane in this use, sets out the design parameters for buildings for which the waterproof membrane would be used, and discusses drainage, resistance to water, and whether there is reliance on other components of the roofing system.

Discussed whether the building work complied with the Building Code current at the time the consent was issued and whether a code compliance certificate should be issued. Also discussed requirements for energy work certificates under section 94(3) of the Act, and producer statements.

This determination concerns a new dwelling constructed at the rear of a site with an existing dwelling, and compliance of the new dwelling in relation to movement to a place of safety in the event of a fire.  The matter at issue is whether the escape route to a safe place for the occupants of the rear dwelling required a protected path past the existing dwelling.